Cell C - 7 months without a phone.

D

DaEvAnAm

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Hi,

So i'm at my wits end. I cannot describe how poorly Cell C have handled this and how utterly disgusted i am.

Let me give you a quick run down.

Right so my mother and I took out 2 separate contracts within 2 days of each on Cell C both running through her name. We explained to the person who was dealing with us that we would be swapping the phones on the contract (I would take the phone she gets and she would take mine). The lady assured us this was perfectly fine, and logically it should be perfectly fine because they are run through the same account. We also purchased C Cover for both the phones.

I managed to damage my phone (Samsung Galaxy SII) and sent it in under the assumption that it would be handled via C Cover. The branch that took it in was not the branch I signed the contract with. The branch that took it in gave me an estimate on when i should come have a look to see if my phone was done (4-6 weeks). I went back after 6 weeks and they said it HADNT EVEN REACHED THE REPAIR CENTRE. I had to wait even longer for my phone. I had to do some travelling for 3 weeks and assumed the phone would be done by then. When i got back i made enquires and they said i had to pay them R3800 to get my phone back. I told them i had C Cover, they said they would query it. Another 2 weeks went back. No contact at all. I called them up and they said my claim was rejected by they couldnt give me a reason as to why.

After 4 or months of back and forth, they said because i swapped phones with my mother C Cover is invalid, and yet they still charge me for it, KNOWING FULL AND WELL that this was the intention from the get go.

So i've been without my phone for 7 months now. I'm almost certain they've lost it. They don't reply to emails. They put down the phone on me. The Cell C rep on here doesn't reply to emails. They don't reply to me on Facebook. I haven't a clue what to do next. I've played THIRTY SIX complaints against them on HelloPeter and no replies. It's an absolute joke.

I'd love to know what legal rights i have and what i can do. I'm so fed up now.

PLEASE PLEASE PLEASE PLEASE HELP ME!
 
Why did you even have to tell them that you're swapping phones etc? If both contracts were on her name, why do they need to know that you have one of the phones?
 
abzo said:
Why did you even have to tell them that you're swapping phones etc? If both contracts were on her name, why do they need to know that you have one of the phones?
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+1

Keep things as simple as possible for them.

You should have swapped phones back and told your mom to take the phone in.
 
I had to tell them to make sure it didn't void anything such as the warranty and C Cover. I was assured that it wouldn't.

I didn't tell the Store that I took my phone into that I swapped phones. They picked it up via the IMEI number on the Samsung Galaxy S2 and my number being used through that phone. That's how they picked up the phones had been swapped.
 
DaEvAnAm said:
I had to tell them to make sure it didn't void anything such as the warranty and C Cover. I was assured that it wouldn't.

I didn't tell the Store that I took my phone into that I swapped phones. They picked it up via the IMEI number on the Samsung Galaxy S2 and my number being used through that phone. That's how they picked up the phones had been swapped.
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Either way... as long as you have some sort of proof that they have your phone you are sorted. Not sure where one goes to complain though... There is an official channel, not HelloPeter, that can be a complete waste of time
 
I've gone down official channels, i've got down unofficial channels. It's dead end both sides. I've emailed 10 or people to day and i'm hoping to come to some sort of resolution cause 7 months is ridiculous.
 
I am not 100% sure here - sticking my neck out but I think the claim was rejected, because the SIM card registered to your phone on Cell C's system, was not the same as the SIM card actually in your phone. I know on Vodacom, that even with insurance, if the SIM card registered on the system is not the same as what is actually in the phone at the time of the incident, then they will reject the claim.

You said that both contracts were in your Mom's name, but that they were done on separate days. I am just wondering which SIM card was linked to which phone when the contracts/insurance were activated.


Hope that makes sense.
 
Yes that's exactly why the claim was rejected, but i'm arguing that the sales rep was fully aware that we were going to exchange the phones and specifically asked about voiding of insurance.

Never the less, due to both phones being under my mothers name surely it could be viewed that both phones belong to that person and regardless of which phone has which sim card, it's under one persons name and one account. Regardless of this, i've still be without a phone for 7 months because of this. And i'm not asking as to why the rejection was done, i'm asking WHAT CAN I DO NOW THAT WHY HAVE COME TO THIS ILLOGICAL CONCLUSION? Do i have absolutely no legal standing? Am i doom to sit without a phone for the rest of my contract because some idiot cannot look past a piece of paper and use his ****ing head? Am i being completely unreasonable in expecting a simple insurance claim on a phone, FIRSTLY WHICH IS INSURANCE, to take less than 7 months to process? I don't think so.
 
DaEvAnAm said:
Yes that's exactly why the claim was rejected, but i'm arguing that the sales rep was fully aware that we were going to exchange the phones and specifically asked about voiding of insurance.
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Did you read the terms and conditions of the insurance policy properly? Sales people just want you to give them that sale, they're not obligated or allowed to change contractual terms on your behalf just because it would suit you better. You had to ASK if changing SIMs would void the contract, which means that on some level you understand that under normal circumstances, swapping the SIMs and the fact that the company can trace SIMS linked to IMEI numbers would void the cover.

DaEvAnAm said:
Never the less, due to both phones being under my mothers name surely it could be viewed that both phones belong to that person and regardless of which phone has which sim card, it's under one persons name and one account.
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It was Cell C's assumption for both the sale and the policy that the SIMs would stay in their respective phones, regardless of whatever the salesperson told you - those were the terms and conditions you signed and agreed to when your mom took out the contracts.

DaEvAnAm said:
Do i have absolutely no legal standing?
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Nope, sadly you don't.

DaEvAnAm said:
Am i doom to sit without a phone for the rest of my contract because some idiot cannot look past a piece of paper and use his ****ing head?
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You're doomed to ponying up the money to pay for the phone repairs because you damaged it. All this is simple process and you're only complicating matters further because you're butthurt that you broke it and didn't read through the terms and conditions properly. Pay the money in, get your phone back, buy a nice protective case for it and don't break it again.
 
Last edited:
FAIS, OMBUDSMAN... GoGOGO!

Also, say your mom was using her phone with correct sim, it broke, then you tested with your sim to see what was wrong... so... time of incident correct sim was in. :erm:
 
Skydrops said:
Also, say your mom was using her phone with correct sim, it broke, then you tested with your sim to see what was wrong... so... time of incident correct sim was in. :erm:
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And when they pull up a timeline on the account that shows the SIM was in one phone since activation and it happened to be the wrong one, then what?
 
Skydrops said:
How accurate is this timeline? Will it be able to record when the phone is off or no signal?
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I'm not so sure how accurate it is or what exactly it can and cannot record, I haven't worked with it myself. But the other cellular reps here will confirm that they can track which phone the SIM is registered and plugged into, as well as the exact date and time it was used in another phone as well. If you bought the phone from them, they could also possibly track which SIM was used with the phone by looking up the IMEI for it. And then they can print this all out and show you in black and white what their system is recording.
 
NAG - Wesley said:
I'm not so sure how accurate it is or what exactly it can and cannot record, I haven't worked with it myself. But the other cellular reps here will confirm that they can track which phone the SIM is registered and plugged into, as well as the exact date and time it was used in another phone as well. If you bought the phone from them, they could also possibly track which SIM was used with the phone by looking up the IMEI for it. And then they can print this all out and show you in black and white what their system is recording.
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But what happens if the phone's battery was flat and this system unable to record... then you interested the correct sim, and only then did you accidently drop it... ? :erm:

or are you not allowed, ever, to have another sim in your phone... :erm::wtf:
 
Skydrops said:
But what happens if the phone's battery was flat and this system unable to record... then you interested the correct sim, and only then did you accidently drop it... ? :erm:

or are you not allowed, ever, to have another sim in your phone... :erm::wtf:
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Nope, you're not allowed to have another SIM in there if you expect to keep the warranty or insurance cover. Those are the rules, sadly.
 
If your mom bought 2 cars and insured herself for car A only and you for car B only. Then if you swap cars, neither of you are insured. So when you have an accident driving the car which your mom is insured for, a claim cannot be made. In fact you are trying to commit fraud by trying to make the claim.
 
Car insurance depends on the risk profile of the individual. Does the same apply for cellphone insurance?

Not sure the analogy applies.
 
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